BILL NUMBER: AB 499 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 21, 2008
AMENDED IN ASSEMBLY JANUARY 29, 2008
AMENDED IN ASSEMBLY JANUARY 9, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
INTRODUCED BY Assembly Member Swanson
FEBRUARY 20, 2007
An act to add and repeal Chapter 4.3 (commencing with Section
18259) of Part 6 of Division 9 of the Welfare and Institutions Code,
relating to sexually exploited minors.
LEGISLATIVE COUNSEL'S DIGEST
AB 499, as amended, Swanson. Sexually
Commercially sexually exploited minors.
Existing law declares the findings of the Legislature that there
is a need to develop programs to ameliorate, reduce, and ultimately
eliminate the trauma of child sexual abuse, and that, for the
purposes of developing and providing these programs and services, and
for the training of, and providing information to, city and county
personnel throughout the state, it is necessary to expand specified
services.
This bill would , until January 1, 2012, authorize the
District Attorney of Alameda County to create a pilot project
, in effect until January 1, 2012, which may be implemented
within the County of Alameda , contingent upon local
funding, for the purposes of creating, implementing, and
delivering a standardized developing a comprehensive,
multidisciplinary model to address the needs and effective treatment
of commercially sexually exploited minors, as specified. The bill
would authorize the District Attorney of Alameda County, as part of
the pilot project, to develop protocols for identifying and assessing
minors, upon arrest or detention by law enforcement, who may be
victims of commercial sexual exploitation, and to develop
a diversion program reflecting the best practices to address the
needs and requirements of those minors. The District Attorney would
also be authorized to develop, offer, and provide a training
curriculum that will would provide
training for certain county employees on the commercial
sexual exploitation of minors in Alameda County, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
encourage the development of a comprehensive, multidisciplinary model
reflecting the best practices for the response of law enforcement
and the criminal and juvenile justice systems to identify and assess
commercially sexually exploited children who have been arrested or
detained by local law enforcement.
SECTION 1. Chapter 4.3 (commencing with Section
18259) is added to Part 6 of Division 9 of the Welfare and
Institutions Code, to read:
CHAPTER 4.3. SEXUALLY EXPLOITED MINORS PILOT PROJECT
18259. (a) There is hereby created a pilot project in the County
of Alameda which may be implemented, contingent upon local funding,
for the purposes of creating, implementing, and delivering a
standardized training curriculum that will provide training on the
sexual exploitation of minors in Alameda County, and in accordance
with current law, the district attorney may establish a Section 654
program for sexually exploited minors who are otherwise eligible
under Section 654. The standardized training curriculum may include,
but not be limited to, advocacy or case planning, including advocacy
from the point of detainment, court advocacy, advocacy and joint case
planning with probation officers, developing and understanding case
studies, and intensive case management and advocacy throughout any
legal process involving the district attorney's office and law
enforcement, deprogramming, empowerment, including surviving child
sexual exploitation workshop series, self-sufficiency workshop
series, and self-discovery and self-esteem-based workshop series,
intensive case management, including working with a child welfare
worker or parents and probation officers on placement options,
educational options, employment options, engagement activities, and
other services recommended for the minor or requested by the minor
commencing with the custody process and continuing through and after
release.
(b) The District Attorney of the County of Alameda, in
collaboration with the appropriate community partners, may design and
create a training curriculum for advocates and case managers
consisting of a 40-hour sexually exploited minor crisis counseling
training. The training shall be administered by a nonprofit
organization that is established specifically to serve sexually
exploited children. The 40-hour sexually exploited minor crisis
counseling training shall include, but not be limited to,
understanding child sexual exploitation or commercial child sexual
exploitation, the impact of child sexual exploitation or commercial
child sexual exploitation, understanding childhood sexual abuse,
overview of sexual assault or rape, suicide prevention, sexually
exploited minors interfacing with law enforcement and the child
welfare and juvenile justice systems, domestic violence and sexually
exploited minors, sexually exploited minors with disabilities, crisis
intervention, substance abuse and sexually exploited children,
overview of post-traumatic stress disorder, survivors of childhood
sexual abuse, lesbian, gay, questioning, bisexual, and transgendered
sexually exploited children, sexually exploited children from
immigrant families, and mandated reporting.
(c) The standardized training shall be made available for law
enforcement, in cooperation with police officer standards training,
for prosecutors and public defenders, in cooperation with the
California District Attorneys Association and the Prosecutors and
Public Defenders Education and Training Program created under Title
1.5 (commencing with Section 11500) of Part 4 of the Penal Code, for
the judiciary, in cooperation with the Judicial Council and the
Administrative Office of the Courts, for social service providers and
probation officers, in cooperation with the California Probation,
Parole and Correctional Association, and for advocates, in
cooperation with local rape crisis centers and domestic violence
service providers.
SEC. 2. Chapter 4.3 (commencing with Section 18259) is
added to Part 6 of Division 9 of the Welfare and Institutions Code,
to read:
CHAPTER 4.3. SEXUALLY EXPLOITED MINORS PILOT PROJECT
18259. (a) The County of Alameda, contingent upon local funding,
may establish a pilot project consistent with this chapter to develop
a comprehensive, multidisciplinary model to address the needs and
effective treatment of commercially sexually exploited minors who
have been arrested or detained by local law enforcement for a
violation of subdivision (a) or (b) of Section 647, subdivision (a)
of Section 653.22, or subdivision (a) of Section 653.23 of the Penal
Code.
(b) The District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, may develop,
as a component of the pilot project described in this chapter,
protocols for identifying and assessing minors, upon arrest or
detention by law enforcement, who may be victims of commercial sexual
exploitation.
(c) The District Attorney of the County of Alameda, in
collaboration with county and community-based agencies that serve
commercially sexually exploited minors, may develop, as a component
of the pilot project described in this chapter, a diversion program
reflecting the best practices to address the needs and requirements
of arrested or detained minors who have been determined to be victims
of commercial sexual exploitation.
(d) The District Attorney of the County of Alameda, in
collaboration with county and community-based agencies, may form, as
a component of the pilot project described in this chapter, a
multidisciplinary team including, but not limited to, city police
departments, the county sheriff's department, the public defender's
office, the probation department, child protection services, and
community-based organizations that work with or advocate for
commercially sexually exploited minors, to do both of the following:
(1) Develop a training curriculum reflecting the best practices
for identifying and assessing minors who may be victims of commercial
sexual exploitation.
(2) Offer and provide this training curriculum through
multidisciplinary teams to law enforcement, child protective
services, and others who are required to respond to arrested or
detained minors who may be victims of commercial sexual exploitation.
18259.3. For purposes of this chapter, "sexually
"commercially sexually exploited minor" means a
person under 18 years of age who has been detained for a violation of
the law or placed in civil protective custody on a safety hold based
only on a violation of subdivision (a) or (b) of Section 647,
subdivision (a) of Section 653.22, or subdivision (a) of Section
653.23 of the Penal Code.
18259.5. This chapter shall be in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, enacted on or before January 1, 2012, deletes or extends
that date.